15.11.2019 | Over the past 1.5 years, by state interests protection mechanism of the prosecutor’s office damage in the amount of 60.7 billion AMD has been revealed, and restored in the amount of 3.2 billion AMD

Within the framework of the analysis of trends of the effectiveness of the implementation of the constitutional function for state interests protection of the prosecutor’s office, State Interests Protection Department of the RA Prosecutor General’s Office has investigated the effectiveness of activities (with the results of 2016-2017) in this area of subdivisions of the RA prosecutor’s offices for the whole year of 2018 and first half of 2019.

 

Studies show that during 2016-2017 within the competence to protect state interests, 879 offenses have been revealed. Meanwhile, due to the work carried out in 2018 and the first half of 2019, 1800 offenses have been registered, or 2 times more. Over the past 1.5 years, criminal cases have been initiated on the basis of 406 offenses. On the basis of these criminal cases, total damage caused to the state has amounted to 45 billion 175 million AMD, and from this amount the damage in the amount of about 1 billion 513 million AMD have been restored. Meanwhile, as a result of a study (2016-2017) regarding state interests protection, in total, 131 criminal cases have been initiated, or 3 times less.

 

The vast majority of criminal cases have been initiated either on the basis of crimes against state service or by combination of these crimes and various types of theft. In particular, the number of cases of appropriation or embezzlement with the execution of official forgery, abuse of authority, illegal logging, violation of the rules of subsoil use is large.

 

Warning of relevant entities in order to voluntarily compensate the damage caused to the state is one of the most effective means of prosecutorial influence within the competence of state interest’s protection. If during 2016-2017 bodies from the prosecutor’s office have carried out 366 warnings with the aim of voluntarily restoring the damage, as a result of which 162 million AMD have been restored, then in 2018 and 1 half of 2019, 402 entities have been warned, as a result of which about 915 million AMD have been restored. Thus, for the specified period, as a result of the warning, the size of the restored damage is 5.6 times higher than the indicator of the past 2 years.

 

For the estimated 1.5 years, the prosecution bodies have presented to the court75 lawsuits, and over the indicated period the courts have satisfied the lawsuit in the amount of 960 million AMD. While during the past 2 years, in 2016 and 2017 in the case of lawsuits presented to court, the claim in the amount of 677 million drams has been satisfied. Thus, by the system of this prosecutor’s mechanism the recovery of the damage caused to the state has been increased by about 42%.

 

In general, by lawsuits for state interests protection, initiated during the reporting period by the subdivisions of the prosecutor's office, presented messages, warnings about voluntary damage recovery, initiated criminal cases and materials sent to the investigative  bodies in 2018 and 1 half of 2019 the total damage caused to the state has amounted to about 60.7 billion AMD, and from the total damage caused to the state, damage in the amount of 3.2 billion AMD has been recovered, which a few dozen times exceeds the figures of 2016-2017.

 

The recorded results are mainly due to 2 factors. First, an unprecedented initiative has been launched concerning the issue of putting supervisory levers into effect, envisaged by law, in order to identify the damage caused to the state and present their results to the RA prosecutor's office. Which in its turn has created all the necessary conditions for the implementation of the functions of the prosecutor's office, arising from their competencies.

 

Another main reason is that the Prosecutor General of the Republic of Armenia has also foreseen in 2017 and in 2018 rooted the approach to make mandatory the application of prosecutorial means in the annual programs of actions of the relevant subdivisions of the prosecutor’s office.

 

In this sense, the results recorded by the prosecutor's office in the field of state interests protection, clearly formulated requirements of the society to multiply them, the need to resolve issues that objectively arise also in practice make the issue relevant, entrusting the role of the public interest defender to the prosecutor's office. Based on this, by studying international experience, a concept is being developed in the RA Prosecutor's Office aimed at expanding the possibilities for the effective implementation of this state function.